The Court of Justice of the EU rules against Member States fixing minimum prices for products (API, Yesmoke Tobacco)

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ECJ, API ; ANCC ; Air Liquide Italia SpA and Others ; Confetra and Others ; Esso Italiana Srl ; Confindustria ; Autorità garante della concorrenza e del mercato / Ministero delle Infrastrutture e dei Trasporti ; Ministero dello Sviluppo economico ; Osservatorio sulle Attività di Trasporto, C-184/13, C-185/13, C-186/13, C-187/13, C-194/13, C-195/13 and C-208/13, September 4, 2014

ECJ, Ministero dell’Economia e delle Finanze and Amministrazione Autonoma dei Monopoli di Stato / Yesmoke Tobacco SpA, C-428/13, October 9, 2014

The Price is Not Right: Italian Troubles with Road Haulage and Tobacco Pricing* Two recent judgments handed down by the CJEU show how difficult it can be for a Member State to involve itself in fixing minimum prices for products. Given the ongoing challenge to minimum alcohol pricing in Scotland it is interesting that in both these cases the Court ruled against the fixing of prices, but for very different reasons. Neither case is directly analogous to the Scots alcohol MUP referred to the Court in Case C-333/14, but there are perhaps lessons that can be learnt. Road Haulage The first of the Italian cases is the least similar to the ongoing UK dispute, but it does indicate an important aspect of the wider problem with Member States interfering in markets. Cases C-184, 187, 194, 195

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Angus MacCulloch, The Court of Justice of the EU rules against Member States fixing minimum prices for products (API, Yesmoke Tobacco), 9 October 2014, e-Competitions October 2014, Art. N° 69488

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